Morton, IL asked in Immigration Law for Illinois

Q: I was on an H-1B visa, but I lost my job, and my employer terminated my H-1B.

I see two options: 1. Changing my visa status to B-1/B-2 or 2. Changing my status to F-1 using the regular process with a bridge application. Can you help me decide which option is best and guide me?"

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry to hear about your situation. Choosing between changing your status to B-1/B-2 or F-1 depends on your goals and circumstances. The B-1/B-2 visa is for temporary business or tourism, offering a short-term solution if you need time to arrange your affairs or explore other employment opportunities. However, it does not allow for work or study.

On the other hand, changing to an F-1 visa allows you to pursue educational opportunities in the U.S. This can be a longer-term solution if you are interested in advancing your education. The process involves getting accepted into a SEVP-certified school and obtaining an I-20 form, followed by applying for the F-1 status. It's important to note that you must maintain full-time student status and that there are limits on off-campus employment.

Consider your long-term plans and financial situation. If you need time to figure things out or look for a new job, a B-1/B-2 might be suitable. If you are looking to enhance your career prospects through further education, the F-1 could be a better fit. Consulting with an immigration attorney can provide more personalized guidance based on your specific circumstances.

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